School measures - Establishment of new schools

This is a proposal that changes the legal framework for opening new state-funded schools. It will end the current legal presumption that new schools should be academies and allow proposals for other types of school to be put forward where a new school is needed, including proposals from local authorities themselves.

This measure removes the requirement for local authorities to seek proposals only for an academy to meet the need for a new school. Instead, it allows local authorities to invite proposals for other types of school – voluntary, foundation (or foundation special) – as well as proposals for an academy school or alternative provision academy. It also allows local authorities to put forward their own proposals for a community (or community special) or foundation (or foundation special) school or a pupil referral unit alongside other proposals received.

Local authorities are legally responsible for making sure that there are sufficient school places for children living in their area. These proposed changes are intended to support them in fulfilling their place planning function; helping ensure new schools can best meet need identified in an area and are opened in the right place at the right time. New legislation will be required to make these outlined changes.

If one or more of the proposals is for an academy, the Secretary of State will need to confirm she is willing to negotiate a funding agreement with the relevant academy trust. Where the local authority has chosen to put forward their own proposals for a new school, the Secretary of State will consider all the proposals together and will be the decision-maker. In practice these decisions will be delegated to Regional Directors to take on behalf of the Secretary of State.

The legislation contains or amends delegated powers that allow the Secretary of State to prescribe in secondary legislation a number of procedural matters relating to the new arrangements. For example: –

• The information that must be contained in a proposal for a new school published by a local authority as part of an invitation process.
• The steps a local authority must take to publicise proposals that have been published by a proposer for a new school outside of the invitation process.
• Arrangements for a local authority to consult the Secretary of State before approving an academy proposal submitted as part of an invitation process.
• Arrangements for objections to be made to the Secretary of State where she is the decision maker for proposals submitted in response to an invitation process.

The above analysis relates to Children’s Wellbeing and Schools Bill which has not yet become law and may be subject to change as it passes through Parliament. We will be posting updates to this page if there are any key developments but the above may not reflect the latest changes to the legislation.  Please contact our School Support (schoolsupport@wslaw.co.uk)  or Schools HR (schoolshr@wslaw.co.uk) teams if you require an update on the latest status of the Bill.